The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-09-29
TROUBLE At THE DRISKILL.
A Distress Warrant Served on
Mr.. McIlhenny for Rent.
The House Closed by McIIhenny
to Await the Result of the
Litigation.

cago yesterday morning, and in a Yer,
little while afterwards was in consultation
with his attorney, Judge z. L. Fillmore
The result was, that about O'Clock a dis
tress warrant was sued out before judy,
Calhoun, returnable to the district court
and placed in the hands of Constable A
j. Ihorp. Colonel Driskill, Judge Full
more and Mr.. Thorp Immediately repaired
to the Driskill hotel, where
demand was made of MIR. l.. E
McIlhenny for the balance of rent claimed
to be due, $3,572.50, and payment not
being made, Mr.. Thorp, under direction
of Judge Fillmore, proceeded to execute
his writ by levying upon the cigar stand
the bar fixtures and supplies, billiard
tables, dining room service and supplies,
laundry and kitchen furniture and con
tents of the store room. The cigar stand
and bar were at once closed and placed in
charge of an officer.
When the levy was made the guests of
the house were just about taking their
midday meal, but nothing was done to
mar OR interfere with the progress of the
meal.
During the afternoon there was good
deal of suppressed excitement about the
! house. Everything was uncertainty
and everybody was, consequently,
upon the anxious seat. To the
employees the news came like thunder
bolt. The guests were of course az noyed,
not knowing what the outcome would
be.
A STATESMAN reporter was on hand
while the work of levying was in process,
and later in the day sought both parties
to learn the cause of the trouble. Colonel
Driskill said that he had been dissatisfied
with McIlhennys method of managing the
house for good wilhelm fact, he had
not complied with his contract from the
beginning. While he was in Galveston
he accepted drafts drawn on him and
then refused to pay them, and he had con-
Quoted his business in anything but sat
isfactory manner. While he, Col. Dris-
kill, was in the north, he was informed by
telegram that McIlhenny was being sued
in Galveston for debts contracted there,
and this information caused him to
hasten his return home. When he
reached here he found matters
in any thing but a relishable
shape, with over two months rent due,
and no prospect of getting it, and he at
once set to work to protect himself,
Colonel Driskill said he did not want the
house to close, and that he had done every
thing in his power to get settlement or
to make an arrangement by which ex-
treme measures could he avoided, "and,"
said he, eff the house is closed l want you
to distinctly understand that I do not
close it,"
The STATESMAN next sought Mr.. Nc
Ilhenny in his apartments in the hotel.
In response to the repOrtre's request for
his side of the case, he said that the legal
proceedings taken were an absolute sur
prise to him-something he had not
dreamed of-especially in view of the fact
that he had chatted with Col. Driskill early
in the morning, and had suggested
that they would meet in the afternoon
and talk over the situation. He says he
told Col. Driskill that he had had hard
luck lately, and Driskill replied: "Yes, l
expect you have" The next he knew was
the writ of distraint. Mr.. McIlhenny says
that when he took charge of the hotel he
told Col Driskill that the winter seasons
could take care of themselves, but the
summers would be hard to pull through.
His contract was to pay $4,000 year
for the house, in monthly installments,
and he met his rent regularly as long as
business held up. In the spring, when
matters Stacked up, he proposed to close
the house for the summer, except for
rooms, but to this Col. Driskill objected,
and he then told him that he would not be
able to pay him full rent, but would pay
| him what he could, and
that he was negotiating for the
Beach hotel, which, if he got,
would be run with :. view of bolstering
the Driskill through the summer. He did
get it, and made money there, but his
profits were wholly consumed i'll main
tanning the Driskill. He paid half rent
for the house during the summer. and be
sides, spent $4,000 of his profits at the
Beach to keep the Driskill going. 1t cost
him regularly from $3.50 to 81 900 month
during the dull months to keep the house
on its feet. Mr.. McIlhenny admitted that
drafts had been drawn on him, and that
he had accepted one which was not paid
because, he said, he simply hadn't the
money to pay it with.
The reporter asked him what was the
value of the goods he had pnt in the no.
tel. He said between $4,000 aud $1,000
on which there were some liens, but
above these there was sufficient
to satisfy Driskill's debt When asked il
he intended to replevin, he said he did
not He had closed the hotel, discharged
all his help and now proposed to allow the
law to take its course. He had been mott.
fed TO give up the house and would do SO
when the law so directed, not before. He
had proposed arbitration and it had been
refused, and the distress warrant could
now take its course, and he would seek his
remedy later.
From the conversation with the two
gentlemen, it was plainly to be seen that
each considers that the other has treated
him badly, and neither one has many
good words to say for the other.
The case will come on for hearing at
the approaching term of the district court.
In the meantime it is to be hoped that ar
rangements will BIS made in some way for
the reopening of the house. With the
Driskill closed, Austin will be dull sure
enough.
n